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HomeMy WebLinkAboutContract 15249 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § CITY SECRETA CONTRACT COUNTY OF TARRANT § WHEREAS, Murray Development Company hereinafter called "Developer" , desires to make certain improvements to Summer Creek Offsite Sewer Mains , an addition to the City of Fort Worth, Texas ; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant County, Texas, hereinafter called "City", to do certain work in connection with said improvements ; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That said Developer, acting herein by and through John Roach, its duly authorized President, and the City, acting herein by and through David A. Ivory, its duly authorized Assistant City Manager, for and in consideration of the covenants and agreements herein performed and to be performed , do hereby covenant and agree as follows, to-wit: SUMMER CREEK ADDITION OFF-SITE SEWER MAIN WATER AND/OR SANITARY SEWER FACILITIES A. The City agrees to install, by contract or otherwise, or to permit the Developer to let a contract for, in accordance with its accepted practices, ordinances, regulations, and the provisions of the City Charter, and subject to the requirements of the City's Policies and Regulations for Installation of Community Facilities, all as current at the time of installation: WATER FACILITIES to serve the lots as shown on the attached Exhibit - , and SANITARY SEWER FACILITIES to serve the lots as shown on the attached Exhibit A , all in accordance with plans and specifications to be prepared by the Engineering Division of the Water Department , or by private engineers employed by the Developer and approved by the Water Department. B. The City agrees to install, at Developer's expense, at the time all other water mains in this addition are installed, a service line for each lot as shown on the attached Exhibit --- The estimated cost of these service lines is $ None The City agrees to record the location of each said service line in respect to the corner of the lot served, and to repair said records in its possession. C. The construction cost of the water facilities herein concerned, exclusive of service lines and engineering is estimated to be Dollars ($ None )• D. The City agrees to install, at Developer's expense, at the time all other sanitary sewer mains in this addition are installed, a service line for each lot as shown on the attached Exhibit may. The estimated cost of these service lines is $ None The Cit agrees to record the location of each said service line in respect to the corner of the lot served, and to retain said records in its possession. E. The construction cost of the sanitary sewer facilities to be installed hereunder, exclusive of service lines and engineering, is estimated to be Five Hundred Sixty-one Dollars ($ 561 ,175 ) • Thousand, One Hundred Seventy-five F. Prior to the award of the construction contract by the City, or the commencing of any work by the City or its contractors, if the Developer does not award his own contract, the Developer agrees to pay to the City: (1) (a) One hundred percent (1001) of the cost of all water and sanitary sewer facilities within the development, exclusive of engineering and service costs , through the 8-inch size, including the costs of larger sized facilities adjusted to 8-inch size costs; and (b) One hundred percent (1001) of the cost of all approach water main facilities outside the limits of the development through the 16-inch size, including the costs of larger sized facilities adjusted to 16-inch size costs, less ten percent (101) of the calculated front foot charges for lots contained in the development served by such approach water main facilities; and 1-1 • v va u au at va�u ua aaLL 11 1 OFF-SITE SEWER MAINa (c) One hundred percent (100X) of the cost of all approach sanitary sewer facilities outside the limits of the development through the 24-inch size, including the costs of larger sized facilities adjusted to 24-inch size costs, less ten percent (10%) of the calculated front foot charges for lots contained in the development serviced by such approach sanitary sewer facilities. (2) An additional ten percent (10%) of the total of the Developer's cost of these water and sanitary sewer facilities, exclusive of cost of service lines, for design engineering, if such engineering is performed by the City. This charge will be waived if private engineers employed by the Developer and approved by the Water Department perform the design engineering. (3) One hundred percent (100%) of the cost of all service lines, estimated under 1-B and 1-D above, in accordance with the provisions of the current Fort Worth City Code. G. The distribution of estimated construction cost between the City and the Developer, as per paragraph 1-F above, for all water and sanitary sewer facilities to be constructed hereunder is estimated as follows: (1) Water Facilities: Estimated Developer Estimated Total Cost City Cost Cost (a) Mains: Within Development -0- -0- -0- Approach -0- -0- -0- (b) Services ( None ) -0- -0- -0- Sub-Totals, Water -0- -0- -0- (2) Sanitary Sewer Facilities: (a) Mains: Within Development -0- -0- -0- Approach (1) $512 ,200 $48 ,975 $561 ,175 (b) Services ( None ) -0- -0- -0- Sub-Totals, Sewers $512 ,200 $48 ,975 $561 ,175 Grand Totals $512 ,200 . $48 ,975 $561 , 175 (1) Cost difference between 30"/27" sewer line and 24" sewer line as shown belo� 4 , 509 LF of 30" sewer line x ($38-$29) = $40 ,581 4 , 197 LF of 27" sewer line x ($31-$29) = $ 8 ,394 1-2 T&T,975 d SUIVIIl�I{ C11la'7;: 1hi I'i'IU:� Off-Site Sc v"or Bain fl . The above charges do not include any "ver connection" charges for con- nection to existing or proposed sanitary sewer mains constructed or to be constructed under the provisions of the "APPROACTI KAIN OPTION" as described in Sub-Paragraph (3) , IV-7 of the Policies and Regulations for "INSTALLATION OF COMMITNITY FACTLITIES" adopted ,January 1 , 1972. These additional charges are as follows! Not applicable to this Contract XKXXXXXXXXX Applicable to this Contract in the amount of by Ordinance leo. dated When water facilities are installed by contract, installation of water cervices will he included as part of the contract . Installation of meter boxes on those services may be done by the City, after comple- tion of construction of all relative curb and gutter work on the water facilities project site, at a cost of $70/$135 per contract-installed service, such meter box installation charge to be due and payable prior to issuance of a Work Order on the water facilities installation contract . The above charges do not apply if the Developer elects to include meter box installation as part of the contract. However, meter boxes must conform to City standards. I. Within a reasonable time after completion of the above referenced facilities to be constructed by the City or by contract awarded by the City or by the Developer, the City and Developer agree to an adiust- ment of the Developer's payment as set out in 1-F and 1-G hereinabove. so as to conform said payment to actual construction -costs and actual service costs under the provisions of the current Fort Worth City Code , (said adjustment to be calculated as payment in 1-F and/or 1-G above), but based on actual vuantities as reflected in the final esti- mate paid to the Contractor by the City or by the Developer, and/or in the event any portion of the facilities are installed by City forces, on the actual records of cost , kept by the City as a part of its cus- tomary procedures. In the event the difference in the deposit and the actual costs exceeds $25, Developer agrees to pay to the City any underpayment which said adjustment might indicate as being due, and the City agrees to pay to Developer any overpayment . J. Work hereunder shall be completed within two (2) years from date hereof, and it is understood that any obligation on the part of the City to make any refunds With respect to water and/or sanitary sever facilities shalt cease upon the expiration of two (2) years from date hereof, except for refunds due from "per connection charges" on sani- tary severs and from "front foot charges" on water mains, both of which refunds may continue to be made for a period of ten (10) years after the date hereof, as elsewhere provided herein. Tn the event water and/or sanitary sewer facilities work is not completed with the two (2) year period. City may, at its election, complete such work at Developer's expense. j�• The Deyeloper shrill be �P e5 ons hle at "is sole cgs' and expense,r � 4 p for the design and preparation of contract docu,,.1ents for the proposed Lift Station and Force Main (shown on Exhibit A) , to be constructed by the City. 1-3 SUMMER CREEK ADDITION OFF-SITE SEWER MAIN It is further agreed and understood that any additional payment required of Developer is to cover only such additional work and/ or materials as may be made necessary by conditions encountered during construction, and shall not include any change in scope of the project . RE ED: Rich rd W. Sawey, D recto Water Department Date: 71J,1A, I-4 II GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the developer shall employ a civil engineer, licensed to practice in the State of Texas , for the design and preparation of plans and specifications for the construction of all facilities covered by this contract, subject to Paragraph B. B. For any project estimated to cost less than $10,000 or for any project designed to serve a single lot or tract, the developer may at his option request the city to provide the design engineering, and if such request is granted the developer shall pay to the City an amount equal to 10 percent of the final construction cost of such project. C. In the event the developer employs his own engineer to prepare plans and specifications for any or all facilities, the plans and specifications so prepared shall be subject to approval by the department having jurisdiction. One (1) reproducible set of plans with 15 prints and 35 specifications for each facility shall be furnished the department having jurisdiction. It is agreed and understood that in the event of any disagreement on the plans and specifications, the decision of the Public Works Director, Transportation Director, and/or Water Department Director will be final . D. It is further agreed and understood by the parties hereto that upon acceptance by the City, title to all facilities and improvements mentioned hereinabove shall be vested at all times in the City of Fort Worth and developer hereby relinquishes any right, title, or interest in and to said facilities or any part hereof. E. The life of this contract shall be two (2) years and it is understood that any obligation on the part of the City to make any refunds hereunder shall cease upon the expiration of two (2) years from the date of execution of this contract, except for refunds due from "per connection charges" on sanitary sewer and from "front foot charges" on water mains, both of which refunds may continue to be made for a period of ten (10) years ; provided, that if the con- struction under the Community Facilities contract shall have started within the two-year period, the life of the Community Facilities contract shall be extended for an additional one-year period. Community Facility Contracts not completed within the time periods stated above will require renewal of the contract with all up-dated agreements being in compliance with the policies in effect at that time. Developers must recognize that City funds may not be avail- able to pay all or a portion of the normal City share for renewal contracts. It must be understood by all parties to the Community Facilities contract that any of the facilities or requirements in- cluded in the contract that are to be performed by the developer but not performed by the developer within the time periods stated above, may be completed by the City at the developer's expense, and the City of Fort Worth shall not be obligated to make any refunds due to the developer on any facilities constructed under this agreement until all provisions of the agreement are fulfilled . II-1 F. Performance bonds, certificates of deposit, letters of credit or cash deposits are required for streets, storm drains and street lights , and must be submitted prior to execution of the contract for install- ation of community facilities by the City. The bonds should be stan- dard performance bonds as provided by a licensed surety company (on forms provided by that surety company) ; a cash deposit may be made in the Treasury of the City of Fort Worth; or a certificate of deposit or letter of credit may be from any financial institution in Fort Worth which is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The City of Fort Worth cannot pay interest on any deposit made hereunder in the Treasury of the City of Fort Worth. (a) The developer shall execute four (4) copies of letter assigning the deposit to the City of Fort Worth and providing for the City to withdraw the deposit if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities for which the deposit is made as security, the City of Fort Worth shall reassign the deposit to the developer, including accrued interest or dividends thereon, upon express order of the City Manager. 1 . When the option is exercised to provide a certificate of deposit in a financial institution, the following terms and conditions shall apply: (a) The developer shall execute four (4) copies of letters assigning the deposit to the City of Fort Worth if necessary to complete construction. Such letter of assignment must be accepted in writing by the financial institution. (b) Upon satisfactory completion of the facilities for which the deposit is made as security, the City of Fort Worth shall reassign the deposit to the developer, including accrued interest or dividends thereon, express under order of the City Manager. 2. When the option is exercised to provide a letter of credit from a financial institution, the form of the letter shall be approved by the Department of Law. The international letter of credit form used by banks is normally acceptable. 3. Performance bonds, certificates of deposit, letters of credit or cash deposits will be furnished as required below: II-2 (a) 100 percent of the estimated developer's share of the cost of the storm drain. (b) 100 percent of the estimated developer's share of the cost of streets. (c) 100 percent of the estimated developer' s share of the cost of the street lights. (d) A cash payment of the developer' s share of the cost of the project is required prior to initia- tion of construction of water and sanitary sewer facilities. (e) A cash deposit, bond or Letter of Credit acceptable to the City for the developers cost of paving a border street on an assessment basis (Reference Section VI, Item 3, Development Pro- cedures Manual) . 4. For construction of water and/or sanitary sewer facili- ties, a certificate of deposit, letter of credit, or cash deposit (providing for partial drawings) , in the name of the City, shall be furnished to the City as set out below: (a) Where the developer lets the contract, 100 per- cent of the estimated contract cost of construc- tion, as stated in the construction contract, is required simultaneous with execution of the con- struction contract ; or, (b) Where the City lets the contract, 100 percent of the developer's share of the construction con- tract cost is required prior to issuance of a work order by the City. G. This contract, any part hereof, or any interest herein shall not be assigned by developer without written consent of the City Manager, and it is further agreed that such written consent will not be granted for the assignment, transfer, pledge and/or conveyance of any refunds due or to become due to developer except that such assignment, transfer, pledge and/or conveyance shall be for the full amount of the total of all such refunds due or to become due hereunder. H. On all facilities included in this agreement for which the developer awards his own construction contract, the developer agrees to follow the following procedures: 1. If the City participates in the cost of the facilities, the construction contract must be awarded after adver- tising in a local newspaper at least one time not less than two weeks to the date of receipt of sealed bids as II-3 contracts for public work. . The sealed bids must be opened in the presence of a representative of the City. (2) To employ a construction contractor who is approved by the Director of the Department having jurisdiction over the facility to be so constructed, said contractor to meet City' s requirements for being insured, licensed and bonded to do work in public streets, and to be qualified in all respects to bid on public projects of a similar nature. (3) To require the contractor to furnish to the City payment, performance and maintenance bonds in the name of the City for 100 percent of the contract price of the facility, said bonds to be furnished before work is commenced. To further require the contractor to pro- vide public liability insurance. (4) To give 48 hours notice to the department having juris- diction of intent to commence construction of the facility that inspection personnel will be available ; and to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces, and not to install any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed , and to make such laboratory tests of materials being used as may be required by the City. (5) To secure approval by the Director of the department having jurisdiction of any and all partial and final payments to the contractor, said approval is made, in accordance with requirements of this agreement, and is not to constitute approval of the quantities of which payment is based . (6) To delay connections of buildings to service lines of sewer and water mains constructed under this contract until said sewer and water mains constructed under this contract until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. (7) It is expressly understood by and between the developer and the City of Fort Worth, that in the event the developer elects to award one single construction contract for storm drainage and pavement, shall be separated in the bidding and City participation, if any, shall be limited to the lowest possible combination of bids as if each of the above were awarded as separate contracts. T. Any thing to the contrary herein notwithstanding , for and in consideration of the promises and the covenants herein made by the City, the Developer covenants and agrees as follows : 11-4 (1 ) The Developer shall make separate elections with regard to water and/or sanitary sewer facilities, storm drain- age, street improvements and street lights as to whether the work prescribed herein shall be performed by the City, its Contractor, or by the Developer' s Contractor. Each separate election shall be made in writing and delivered to City no later than six (6) months prior to the expiration of this agreement. In the event any of such separate elections has not been so made and delivered to City by such date, it shall be conclusively presumed that the Developer has elected that such work be performed by the City in accordance with all of the terms of this agreement, and in particular Paragraph II-F hereof. (2) Irrespective of any such election and whether the work is to be performed by the City, its Contractor or by the Developer's Contractor, the Developer covenants and agrees to deliver to the City a performance bond or a cash deposit in lieu thereof in accordance with the provisions of Paragraph II-F of this agreement. (3) In addition to the bond or deposit required in the preceding paragraph, in the event Developer elects that the work be performed by the City, or its Contractor, or such election is presumed as provided above, the Developer covenants and agrees to pay to the City his share of the estimated construction costs. The amount of such estimated payment shall be computed as set out in Sections I hereof, based upon the lowest responsible bid for such work as determined by City, or upon a cost estimated to be performed by City forces prepared by the City, as appropriate, and shall be subject to adjustment to actual costs upon final completion of the subject . Such estimated payment shall be made promptly upon demand by City, it being contemplated that such payment will be made after receipt of bids for work but in every case prior to the award of any construction contract, unless otherwise specifically set out herein. (4) Developer further covenants and agrees to, and by these presents does hereby fully indemnify, hold harmless and defend the City, its officers, agents and employees from all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons of property, including death, resulting from, or in any way connected with, this agreement or the construction of the improvements or facilities described herein; and in addition the Developer covenants to indemnify, hold harmless and defend the City, its officers, agents and employees from and against all claims, suits, or causes or action or any nature whatsoever brought for, or on account of any injuries or damages to persons or property, including death, resulting from any failure 11-5 to properly safeguard the work or an account of any act, intentional or otherwise, neglect or misconduct of the Developer, its Contractors, Subcontractors, agents or employees. (5) Developer covenants and agrees that it discriminates against no individual involving employment as prohibited by the terms of Ordinance No. 7278 (as amended by Ordinance No. 7400) , and ordinance prohibiting discrimination in employment practice because of race, creed, color, religion, national origin (except for illegal aliens) , sex or age, unless sex or age is a bonafide occupational qualification. Developer further covenants and agrees that no labor organization, subcontractor or employment agency, either furnishing or referring applicants to such developer, nor any agent of developer is discriminating against any individual involving employment as pro- hibited by the terms of such Ordinance No . 7278 (as amended by Ordinance No. 7400) . J. The attached exhibits Appendix "A"; A and Location Map are made a part hereof for all intents and purposes. K. Venue of any action brought hereafter shall be in Fort Worth, Tarrant County, Texas. II-6 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instr went in quadruplicate, at�t Worth, Texas this the �—�- day o f , 1 ATTEST: CITY OF FORT WORTH, TEXAS t'�— Z By 2��Q , 'Ruth Howard David A. Ivory City Secretary Assistant City Manager APPROVED AS TO FORM AND DEVELOPER: LEGALITY: MURRAY DEVELOPMENT COMPANY 6 . y _ William W. Wood 75ff n Rb-a Assistant City Attorney President Date: – 17- 8 G ATTEST: A r Contract Authorization Date II-7 APPENDIX "A" COST ESTIMATE SUMMARY PROJECT SUMMERCREER OFFSITE SEWER MAINS PERFORMANCE CONTRACT SECTION DEVELOPER CITY TOTAL GUARANTY Section I Water $ -0- $ -0- $ -0- $ -0- Sewer 512,200 48,975 561,175 TOTAL $ 512,200 $ 48,975 $ 561,175 $ * Developer shall deposit 100% of approved bid. � r EXISTING 27 SAN. S' 'ER . r W � LEGEND RALL I EXISTING GRAVITY J RANCH SANITARY SEWER --�-——' PROPOSED GRAVITY -PROP ?1"5.5. SANITARY SEWER PROPOSED SANITARY ` DIRKS ROAD SEWER FORCE MAIN ( 100% CITY) P.:OPOSED' WWCR '--LINE A� LIFT, STATION ���.••�•� (100% CITY). }PROP. 300 S.S SCALE 1`=l000, t OWNER: A.M. PATE, JR. I E �� •• �1iT A _ SANITARY SEWER r / PROP 30"S.S. t m z OWNER:'E'SYSTEMS PROPOSED FORCE PROP WS-S. MAIN BY CITY ` / , M i PROP. 12 AS.S. ,� / ESTEMS T.E.S.C.O.� -�-- WEST CLE OWNER SD RICHARDSON PROPOSED SEWER � PROP. 12"S.S. FODATION LIFT STATION BY CITY ' IN LINE 'C' OWWERt PROP. 30"SS. „ U.S. CORP OWNER: OF [NSINE�Q BUFORD SCOTT FF PROP. IS"SS. LINE W 1 AN' >1� PROP. 24 S.S. l \ ,, Mlm"y DEVELOPAW.MT Co. -- PROP. 14"S.0 i . LINE'D'-/ [X1NAWAYASSMAi S T j[T13TR N t OVEPT po` O _ p* ECUF ' 37? Y � a ' � •Q A r Y RK ! ' a a S-YCAUCR 'S M �R eeEE QQRR KK N. oil ! 'R flEfERY01R ,�' M tW. R PROJECT ' AREA . R • '� q • � d AEv RCwI CA6wuy. CLbultow �to F>r!118 7 G Ftl "Gr ,t eRa ott T RANT. I Pty ,t ' ' 74 1 GENERA4, IIONTY MAP -SUMMER CR K SANITARY SEWER City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: CONTRACT FOR THE INSTALLATION OF I PAGE NUMBER COMMUNITY FACILITIES SUMMER CREEK1 8-5-86 **C-9796 OFFSITE SEWER MAINS 1 °`-- Recommendations It is recommen ed that: 1) The following bond fund transfer by approved: From To Amount Reason Ug-713901-00-652164 08-M3141-00-652164 W_,_§75 To pr ivo de funds for City's Unspecified Summer Creek Mains share of sewer main con- A.B.C.D. struction 2) The City Manager be authorized to reimburse the developer for the City's share of cost for sanitary sewer improvements upon satisfactory completion of the same; and 3) The City Manager be authorized to execute the Community Facilities Agreement with the developer, Murray Development Company. Discussion Murray evelopment Company, acting by and through John Roach, its duly authorized President, the developer of Summer Creek Offsite Sewer Mains , has executed a proposed contract for the installation of community facilities to serve the area shown on the attached maps. The estimated cost of the community facilities is as follows and subject to actual bid price: Project Cost and Financing Developer Cit Total Sanitary ewers . . . . . . . . . . T , _ . . $ R. 75 $=, 75 Total . . . . . . . . . . $512,200 . . $ 48,975 $561,175 Sanitary sewers will be installed in accordance with standard policies for the installation of community facilities. The contract includes City participation in the cost of sewer. Bond Fund transfer as shown in the recommendation, will be necessary from sewer Fund 08, Project No. 013901-00, Index Code 652164, Unspecified (in which sufficient funds are available). This transfer will be to Fund 08, Project No. 023141-00, Index Code 652164, Summer Creek Mains A, B, C and D in order to finance the City's portion of this contract. Plan Commission Approval On March 28, 1984and November 27, 1985, the City Plan Commission approved the preliminary plats (P-84-12 & P-85-74 and 74R respectively) for Summer Creek Addition. DAI -dm SUBMITTED FORIHG CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: C APPROVED ORIGINATING [ OTHER (DESCRIBE{ DEPARTMENT HEAD: Joe Bi 1 ardi CITY SECRETARY FOR ADDITIONAL IyFOPfAOTION CONTACT: �J 1 y 8178 DATE